A close-up look at NYC education policy, politics,and the people who have been, are now, or will be affected by acts of corruption and fraud. ATR CONNECT assists individuals who suddenly find themselves in the ATR ("Absent Teacher Reserve") pool and are the "new" rubber roomers, and re-assigned. The terms "rubber room" and "ATR" mean that you or any person has been targeted for removal from your job. A "Rubber Room" is not a place, but a process.

Tuesday, February 16, 2016

When Whistleblower Protection Breaks Down

Publisher’s Note: The US Department of Education’s Office for Civil Rights
offered a glimpse into the extent to which racial inequality plays out in our
nation’s education system. The data supports the findings that Black, Latino
and Native American students have less access to advanced math and science
courses – a finding that has been known for many years. But in addition to the
lack of access to courses that are essential if one is to find employment in
the 21st century, the Department also
reported disparate and unequal treatment from school administrators.

The comprehensive data collection performed by the US Department
of Education suggests that racial disparities are not specific to any given
region. Their data suggests a nationwide pattern that consistently produces
disparate outcomes along racial lines. The statistics are staggering. But
behind every number is a face and a story. When we look at data, sometimes, the
people behind the data get lost.

The story that follows provides a glimpse into the world of one
such person, former LAPD Sergeant and contributing LAP writer Cheryl
Dorsey. This is her story.—Sharon Kyle, Publisher

This
is the story of what happens when someone reports wrongdoing by an employer.
It’s a story that probably plays out daily in an office near you. It’s
also why most of us go “along to get along.”

But I’m not built that way.

The Office of the Inspector General (OIG) within the Los Angeles
Unified School District (LAUSD) is an independent investigatory body responsible
for investigating fraud, waste, and abuse. So, what would you say if the very
entity responsible for those investigations was itself engaged in behavior that
appeared fraudulent, wasteful, and abusive? And what would you say if one of
its employees reported what appeared to be abuse only to become the
subject of bullying and retaliation?

You’d say “that’s wrong.” Then, what would you say if those
in a position of authority tasked with preventing retaliation failed to act?
You’d say, “That’s outrageous.”

Welcome to my world.

When Whistleblower
Protection Breaks Down

LAUSD’s Whistleblower Policy reads in part:

“If the report alleges that the OIG or the General
Superintendent interfered or took the retaliatory action, the OIG shall not
investigate the report. The file shall be directly provided to the President of
the Board who shall investigate the matter or designate someone to investigate
the retaliation.”

Based on my experience, I would guess that LAUSD administrators
consider themselves above the law and not required to follow or
enforce whistleblower complaints with mandated investigations.

The LAUSD is the second largest school district in the
nation; an untouchable superpower, seemingly, as you’ll see from my story.
Right now, the highest authority figures in the district are burying their
heads to allegations of possible criminal activity and actively circling the
wagons around an out of control OIG.

I have for the better part of a year, been publicly silent and
fighting this battle alone.

In March 2015, I reported what I believed to be potentially
criminal behavior and acts of retaliation and disparate treatment to the
LAUSD’s Equal Opportunity Supervisor Cheryl Broussard.

Broussard works in the Office of the General Council, Labor and
Employment Legal Services, under the direction of David Holmquist, General
Counsel. This is important because months later, in September 2015, after not
getting any relief from the bullying directed against me, I met with (then)
LAUSD Ramon Cortines and his deputy, Michelle King.

After months of not hearing from Cheryl Broussard regarding my
complaint, in June 2015, I met with Earl Perkins, LAUSD Deputy Superintendent.
This meeting generated a telephone call to me from Cheryl Broussard in
approximately August 2015.

Broussard eventually prepared a report of her “findings” in a
September 2015 report. After reviewing the report, I concluded that Broussard’s
“findings” appeared to be lifted whole cloth from Frank Cabibi, Deputy
Inspector General, Investigations, and Jorge Urquijo, Supervisory
Investigator. Broussard’s report was little more than a regurgitation of their
responses and their statements, including inaccuracies which lacked verifiable
support.

How Bullying Works

One such inaccuracy in Broussard’s findings was that my laptop
had been confiscated by Cabibi and replaced with another district laptop that
had software programs installed necessary for the completion of my assigned
investigations. This is not an accurate depiction of the facts. I assert that
had Cheryl Broussard conducted a thorough investigation, inaccuracies would
have been uncovered and correctly reported. Instead, her report simply
appears to restate and therefore co-sign Frank Cabibi’s version.

It should be noted that between June 26, 2015 and December 2,
2015, Frank Cabibi and Jorge Urquijo have confiscated my district-issued laptop
computer from my workspace in excess of 85 working days. Having my laptop taken
seemed like a clear attempt to thwart my ability to complete assigned work; yet
I have managed to complete my investigations in a timely manner in spite of
their actions.

The reason given for removing my laptop was “security concerns.”
I have asked and waited for a reasonable explanation as to how I might “secure”
a transportable laptop on my desktop to no avail. While this was happening to
me, every other investigator in the Office of the Inspector General has been
allowed to keep their district-issued laptop computer on their workspace
unmolested.

I submitted my complaint of discrimination, bullying, and
harassment to Supervisor Broussard expecting a full investigation. However,
her “findings” lacked evidence of a thorough, unbiased investigation.
Broussard’s handling of my complaint should give pause to other District
employees who’ve had her “investigate” their complaints as her “findings” may
not be reliable, in my opinion. It is my belief, with regard to my complaint,
that Cheryl Broussard lacks credibility as a fact finder/reporter.

Here’s one example of how the campaign of retaliation against me
intensified after I made my initial report to Broussard; In April 2015, during
a staff training session, I discretely exited the room for a restroom break
only to return to the room where Frank Cabibi had interrupted the training and
then made a proclamation that, “we can begin now, she’s back.”

Imagine my humiliation when I realized that an entire room of my
peers had been waiting for my return.

As a woman, this was particularly distressing and embarrassing.
This was not just any supervisor who humiliated and degraded me in this way;
Frank Cabibi is second in command to the Inspector General, Ken Bramlett.
Cabibi had actually stopped his presentation just because I left the room
momentarily for a restroom break and then announced that fact to my peers.
Public humiliation just joined bullying and harassment. The disparate treatment
continued on an almost daily basis.

Higher Ups Circle the
Wagons

As of this writing and during my nine-year tenure with the
LAUSD, I have never been counseled, received any written reprimand, received
documented corrective action to improve my work performance nor have I been the
subject of disciplinary administrative action. Yet I am bullied by my
supervisors.

Believe me, if OIG administrators had cause to discipline
me in the past year; they would have done so.

Prior to April 2014 and the hire of Frank Cabibi, I was the “go to” investigator on matters of high importance and sensitivity. I have enjoyed a professional and amicable relationship with everyone I encountered.

In September 2015, after I met with (former Superintendent)
Ramon Cortines and recently promoted Superintendent Michelle King regarding
possible misappropriation of public funds, malfeasance, payroll fraud and a
litany of other egregious behavior being perpetrated by those whom I
affectionately refer to as the “unholy trinity”—Ken Bramlett, Frank Cabibi
and Jorge Urquijo—the retaliation campaign again intensified. I informed
Superintendant Cortines that he should be concerned regarding the
prosecutorial viability of investigations that Cabibi and Urquijo have touched.

A lack of
credibility by those involved in investigations, whether administrative or
criminal, jeopardizes the outcome of those proceedings. It should be noted that
there are several high-profile investigations currently sitting in the Los
Angeles County District Attorney, Public Integrity Unit, awaiting criminal
prosecutorial consideration; which have been, in my opinion, tainted by Frank
Cabibi and Jorge Urquijo. It might be helpful if the head deputy of the public
integrity unit review the viability of those cases before many more work hours
are wasted.

I
provided documentary evidence to Cortines and King regarding what I believe
were lies told by Cabibi regarding the OIG’s inability to assist Charter
Schools Division with requested investigations. Documented evidence of the
delayed investigations was presented. As of this writing there has been no
investigation into this matter.

I
communicated the same concerns with Ricardo Soto, General Counsel, California
Charter Schools Association; something that I suspected may get back to the
“unholy trinity.” I am waiting for public, taxpayer outrage over my revelations
and an investigation by an outside agency with jurisdiction and oversight of
the OIG.

I also
asked Superintendant Cortines for whistleblower protection from
retribution. None was given. I knew once the unholy trinity became aware of my
meeting with Cortines and King; retaliation would intensify. I was right.

In
November 2015, Cabibi and Urquijo decided to deny my use of entitled sick leave
benefits and docked my pay in violation of Education code 45160, 45166 and
District Contract Article 13. Why? Because they can. I’ve reported the illegal
declination of pay to Elvie Espinoza, Director, Payroll and Gifty Beets
Director, Labor Relations to no avail.

My
California School Employees Association representative has attempted to
intervene. Those contacted acknowledge I am entitled to sick leave benefits and
that the District is supposed to reinstate my pay however. As of this writing I
am still owed pay. Why? Because they can.

Currently,
Inspector General Ken Bramlett has not provided me with a W2 for 2015 and has
failed to respond responded to my email requesting my W2 for 2015. Why would
the Office of the Inspector General fail to provide me with my W2 as required
by law? Why? Because he can.

Currently,
Bramlett is threatening me with “disciplinary action which could lead to
suspension or termination” if I do not return three case files which I
investigated and submitted upon completion to Urquijo for review and
distribution. According to Bramlett, these files are now “missing” and if I
don’t “return them” I face disciplinary action.

Bramlett’s
threat of “discipline which could lead to [my] termination” is telling because
these so-called “missing” files are easily duplicated. Every written report and
document germane to any investigation conducted has been saved and stored in
the Office’s internal reporting system; called Time Matters.

I believe
this is an attempt by Bramlett, his deputy Frank Cabibi, and Jorge Urquijo
to manufacture cause to fire me. Why? Because they can.

I will
then have to fight the wrongful termination later. THIS is how (some) within a
superpower like the LAUSD grinds down a single employee who has the
temerity to challenge their retaliatory, discriminatory behavior and the
demonstrated belief that those in positions of authority can act with impunity
while seeking the shelter of a large organization that is seemingly willing to
circle the wagons around them.

I have
not gone away quietly in the night. I have and will continue to speak out
against their campaign of retaliation.

Before
Mr. Cortines retired, he told me he did not have jurisdiction over the
OIG and referred me to Steven Zimmer, President, LAUSD Board of Education.

I met
with President Zimmer, provided him with documented evidence of possible
malfeasance by the OIG administrators. Zimmer accepted my documents and
has had no more contact with me. I believe he is in cahoots with Bramlett
and Cabibi and has turned over the documents that I had given him regarding their
perceived bad acts.

More Public Humiliations

After my
meeting with Zimmer, I arrived at work one day to find a 8×11-sized paper
prominently plastered to my workspace monitor with a communication from
Urquijo; a communication that can best be described as a public flogging.

The sheet
of paper contained what should have been a confidential communique between a
supervisor and subordinate—yet this was placed prominently on my desk for
everyone in the office to view. This was not the first time that I had been
humiliated in this way by administrators.

For
anyone who has ever complained about a supervisor, been bullied, and tried to
follow company protocol in seeking an administrative remedy only to have your
supervisor(s) conspire against you—you feel my angst.

By the
way, Bramlett has not spoken one word to me—even though I “cc” him on emails
with regard to the retaliation and harassment that I have been subjected to by
Urquijo.

So, when
I speak as an expert regarding the problems that exist within police agencies,
the code of silence and “going along to get along,” some ask me “why don’t the
‘good’ police officers tell on the “bad” ones,” fear of retaliation and the
lack of real protection as a whistleblower are the reasons.

To
illustrate how frustrating this fight has been and how difficult it is to get
ANYONE to listen and help, I have, over these past few months, reached
out via email and through telephone conversations to the Jerry Brown,
California Governor; Kamala Harris, California State Attorney General;
Department of Fair Employment and Housing; Tom Torlakson, California State
Superintendent; President Obama, The White House; Department of Labor
Relations; and probably others I have forgotten because this is exhausting—all
to no avail. Eventually, some organization is going to take notice, investigate
my allegations, and prevent the bullying and retaliation.

I will
press on in my efforts to identify the organization which has investigatory
jurisdiction over Offices of the Inspector General. Everybody reports to
somebody, right? If anyone knows. I would love to hear from you.

The
LAUSD is circling the wagons and attempting to grind me down and wear me
down.

My hope
is that anyone who reads this and finds themselves similarly situated will find
the strength to hold on. I know that I am not the only one nor am I the last
one to take on a superpower employer. I know that there is someone else out
there who is also exhausted in the struggle. Stay strong. This has been a very
trying time but I am resolute in my position.

So, I will end this
report as I have every email that I have written to the unholy trinity and
those who I thought would have an interest in doing right by the students of
the is LAUSD by saying this.

Should I befall any
hurt, harm or danger, I am requesting my friends and family to begin their
investigation at the steps of the Los Angeles Unified School District, and,
more importantly, in the Office of the Inspector General, Investigations.

Cheryl Dorsey is a retired LAPD sergeant, speaker, and much sought after police expert on

important issues making national headlines; as such she has appeared as a guest expert on the Dr.

Phil Show , and is a frequent commentator on CNN, HLN, MSNBC and KPCC. She is the author

of The Creation of a Manifesto, Black & Blue; an autobiography that pulls the covers of the LAPD and provides an unfiltered look into the department’s internal processes. Visit Cheryl’s website www.cheryldorsey.net., listen to her on Soundcloud follow on Twitter @sgtcheryldorsey and BlackandBlueNews.

Testimonials From Some of Our Clients

“Dear Betsy,
I am forever indebted to you, Betsy, for your expert advice throughout a horrific ordeal. You worked tirelessly to prove my innocence in a 3020a proceeding that was instigated by a corrupt school district and fueled by lies. My proceedings ended with my complete exoneration, my record expunged and my immediate return to the classroom. We didn’t even need to file an appeal! Thank you, Betsy. I am now eligible to retire and enjoy the benefits you helped me to protect. God bless you and the work you do protecting the innocent
Maria G;

Alexandra F.

Dear Betsy,

I just wanted to reach out and say thank you for CONSTANTLY being there for me throughout such a tumultuous time in my life. I have been battling severe harassment at my place of work for months now, and you have advised me through every single second of it. I would not have had the strength or confidence to battle such an evil administration without your help. You have answered my phone calls from 7AM through nearly midnight with any and all of my concerns. I have called you countless times to just vent, or even cry, and you have been there with open arms to pivot my negative anticipations into positive advocacy. You have gone above and beyond your line of duty to help me, and for that, I can never repay you. You have changed the outcome of my life, and led me to justice. More importantly, you have led me to happiness again, for which I am eternally grateful. As I am getting older, I am realizing that there are many bad people in this world, but you are TRULY one of the good ones. When one finds a great person in life with their true best interest at heart, they should hold onto that and take their word as bond. My last statement truly defines you, an expert in what you do, as well as a 24 hour support system. You are amazing Betsy, and my life would truly not be the same if you had not stepped into it!!!!!

Thank you again for EVERYTHING you have done for me. Your advisement and care will be carried in my heart for the rest of my life.

Alexandra F.

Tollyne D.

After 18 years of service, the general consensus as a union member is that you cannot trust people and you have to be extremely careful who you talk to. I was brought up being told that I should be sure that the person I am speaking to is knowledgeable and to be TRUSTED, and Betsy Combier is such a person. She consistently proves that she is trustworthy, very knowledgeable and caring, time and time again.

Tollyne D.

David P.

To whom this may concern,
I want to recommend Betsy Combier as the best person you could have in your corner. From the first day I met Betsy I felt secure. I had the misfortune of having to go through a 3020a hearing and with help of Ms. Combier my job was secure, I don’t know where I would be without Betsy’s help and support. She is still assisting me with my federal case. I could not recommend Betsy any higher, she is a person of her word, and her expertise is important and necessary for everyone without any problem.
David P.

Jason R.

I met Betsy Combier approximately about 5 years ago, as a result of a recommendation from a colleague. Since then she has been an advocate of mine ever since, and has worked above and beyond my expectation. Betsy fights against the wrongdoing of public education officials in New York City. Throughout the extremely difficult arbitration, Betsy fought for my unalienable rights, even though my former principal did everything in her power to tarnish my name and damage my career.
Betsy is not an attorney yet she has the experience and knowledge that is above and beyond that of an attorney and follows through on all issues. She is truly an angel from heaven above, and a quality public defender.

Laura B.

I was charged with a 3020A in October 2016 after receiving three developing ratings in a row. I called numerous law firms as well as my union. Most people who I talked to said that I should settle because I was fighting a losing battle. A lawyer told me that anyone that says you can win a 3020A is a liar. I heard about Betsy from a teacher placed in my building who was going through the 3020A process. I hired Betsy and one of the Attorneys who works with her and her company, and won my case! Betsy saved my job and saved my life because she was emotionally supportive at a time when I needed it the most. Betsy goes above and beyond for her clients. She is readily available day and night for her clients. Betsy’s knowledge of education law is exceptional and she was a great help to my attorney. Betsy is relentless and fights hard for her clients.

ADVOCATZ

Contact me with a concern or issue

I assist anyone who needs help, so email me your problem to start the ball rolling! I am a teacher/parent advocate, and I am the editor/writer for this blog and the website parentadvocates.org. I also write about court corruption on my blog "NYC Court Corruption". I am interested in random injustice and the criminalizing of innocent people. If you want to chat you may email me at: betsy.combier@gmail.com and I'm on twitter and have a facebook page too. I'm not an attorney and do not give legal advice.

If you want to talk with me about your 3020-a charges, I consult and go over your case without charge. No fee.

And, in response to the lies of certain individuals who resent my work, the truth is that all conversations are confidential and I do not tape secretly.

Betsy Combier

My Thoughts and Raison d'etre

This blog is about the denial of Constitutional rights by the Mayor, the New York City Department of Education and the Chancellor, New York State and Federal Courts, New York State legislature, and the United Federation of Teachers (UFT), as well as PACs and all parties participating in the business of public school education in New York City, to harm and in neglect of parents, children, and staff of public schools in the five boroughs. These thoughts are not simply mindless conclusions reached out of thin air, but a result of 14 years of research into the NYC DOE and the Courts as a reporter and paralegal.
I am an advocate of Unions and union rights, public schools and charters, and learning online as well as outside of the classroom. I cannot and do not support anyone, whether they be union management, government, private members of the political or legal system, or simply retired teachers with an agenda, if he or she tramples, discards, or rebuffs anyone's individual civil rights. As a reporter, journalist, advocate, researcher and paralegal, I have created this blog to inform the public about my experience working for the UFT and being the parent of four daughters who went through the public school system in NYC, as well as examine issues that flow from the massive denial of due process rights that I saw and have documented. The two most important points you should remember: first, everyone at the New York City Board/Department of Education and all Union bigs are motivated by power and money, and looking good. If anyone dares to blow the whistle on these racketeers, retaliation follows, so be a strategist; second, I am not an Attorney and nothing I write or say is legal advice, simply my thoughts. Take 'em or leave 'em.
Betsy Combier, Editor
NYC Rubber Room Reporter
http://nycrubberroomreporter.blogspot.com
New York Court Corruption
http://newyorkcourtcorruption.blogspot.com
Parentadvocates.org
http://www.parentadvocates.org
Facebook: http://www.facebook.com/betsy.combier
Twitter: http://twitter.com/BetsyCombier
The NYC Public Voice
http://nycpublicvoice.blogspot.com/betsy.combier@gmail.com
Lawline July 27, 2011
http://www.teachem.com/lawlinetv/learn/lawline-tv-teachers-unions-the-last-in-first-out-rule/

Principal Anne Seifullah changes her image so that she can keep her job amidst sexting and trysts in the school, Robert Wagner Secondary Sch...

Google + Rubber Room Community

FAITH

When we walk to the edge of all the light we have and take the step into the darkness of the unknown, we must believe that one of two things will happen. There will be something solid for us to stand on or we will be taught to fly. Patrick Overton

Truth Seeks Light - Lies Seek Shadows

sayin like it is

Actions Have Consequences

Writing as Music

Rubber Room teachers wish me a happy birthday (2006)

"Educating the mind without educating the heart is no education at all."

- Aristotle

Important Numbers

Amy Arundel (ATR Point Person) 212-510-6468

UFT www.uft.org

OPI (Problem Code) 1-718-935-2666

UFT Certification Services 1-212-420-1830

Teachers REtirement System 1-888-869-2877

Mandated Reporters 1-800-635-1522

Staten Island UFT 1-718-605-1400

Brooklyn UFT 1-718-852-4900

Bronx UFT 1-718-379-6200

Manhattan UFT 1-212-598-6800

Queens UFT 1-718-275-4400

Rubber Room Satire

The Labor Movement

The Teaching Equation

We Can Work Out Our Differences

The E-Accountability Foundation

The E-Accountability Foundation brings you this blog which highlights issues that have or should be read by people interested in civil rights, and accountability. The E-Accountability Foundation is a 501(C)3 organization that holds people accountable for their actions online and, through the internet, seeks to bring justice to anyone who has been harmed without reason. We give the'A for Accountability' Awardto those who are willing to blow the whistle on unjust, misleading, or false actions and claims of the politico-educational complex in order to bring about educational reform in favor of children of all races, intellectual ability and economic status.

AddThis

Performance Management - Office of Labor Relations

From Betsy Combier

The NYC Office of Labor Relations, with the support of the UFT, has issued to principals a document called"Performance Management" on how to get rid of an incompetent teacher. Who is an "incompetent teacher"? Anyone the NYC Department of Education wants to remove from the system because he/she is too senior (makes too much money), is disabled (and therefore cannot be deemed factory-perfect) and/or is other impaired (is a whistleblower, cannot be intimidated, is ethnically challenged - not the 'right' race, etc).

Candace R. McLaren

Director, Office of Special Investigations (OSI)

Follow by Email

Polo Colon

"Rubber Room"

(1) a space where a worker subject to a disciplinary hearing or other administrative action waits and does no work; generally, a place or personal mind-set of isolation.(2) a literal reference to a padded cell, which is, according to the New Oxford American Dictionary, “a room in a psychiatric hospital with padded walls to prevent violent patients from injuring themselves.”from Double-Tongued Dictionary http://www.doubletongued.org/index.php/dictionary/rubber_room/

"Rubberization"

The word "rubberization" is a new word that is used to describe the process of assigning and paying people to sit and do nothing in a drab room away from their place of employment while their employers make up charges that allege sexual or corporal misconduct without any facts upon which to base the allegation on.

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Theresa Europe, NYC BOE ATU Director

Robin Greenfield

Deputy Counsel to the NYC DOE

UFT Pres. Mike Mulgrew and NYC Mayor Mike Bloomberg

UFT umbrella pals

New York State Supreme Court Judge Manuel Mendez

ATR CONNECT

Tenured Teachers who are found to be guilty of misconduct or incompetency at 3020-a but are not terminated, who have blown the whistle on the misconduct of politically favored NYC Department of Education employees, and/or who are simply disliked for any reason can suddenly find themselves in the ATR ("Absent Teacher Reserve") pool - employees without rights or voices, and without chapter leader union representation.

This new group of people are the "new" rubber roomers without representation at the UFT and denied the protection of the Collective Bargaining Agreement, because basically they have been pushed out of their jobs unfairly and under color of law by Mayor Bloomberg and the Chief Executives of the Department of Education who call themselves "Chancellors", "Network Leaders", "Superintendents", etc., consistently without any facts or evidence to support the false claims.

A group of teachers who are, or were, made into ATRs, ATR Polo Colon, and I, Betsy Combier, an advocate for transparency and labor/employment rights, have joined together to expose the denial of due process, civil and human rights by chiefs of the NYC Department of Education (NYC DOE), certain arbitrators at 3020-a, leaders of the United Federation of Teachers (UFT), the "investigators" -agents who work for the Special Commissioner of Investigation (SCI), Office of Special Investigation (OSI), and the Office of Equal Opportunity (OEO) - and the Attorneys who work for the New York United Teachers (NYSUT), and the New York Law Department (Corporation Counsel).

In order to protect the safety of those who join this group to promote an end to the "Rubberization" process described on this blog since 2007, names of those who tell their stories will, for now, remain anonymous if the person so desires, and Polo and I will be the gatekeepers. So if you are an ATR, or know a story involving an ATR or someone re-assigned or about to go into a 3020-a, please use the email address advocatz77@gmail.com and give us your contact information. We will protect your anonymity and hold onto your privacy.

Betsy Combier and Polo Colon, Editors

FAITH When we walk to the edge of all the light we have and take the step into the darkness of the unknown, we must believe that one of two things will happen. There will be something solid for us to stand on or we will be taught to fly.

Patrick Overton

We have forty million reasons for failure but not a single excuse.Rudyard Kipling (1865-1936)

The Re-Assignment Overview by Betsy Combier

The New York City Board of Education decided in 2002 to rid the public school system of staff who interfered with their takeover and control. The criteria for a "good teacher" is now, more often than not, a "silent teacher", a person who never asks questions, is younger than 40, is making a salary below $50,000, does not care about kids and what they learn, or whether or not money (books, supplies, equipment, etc) is missing. When a teacher or staff member of a school dares to do the right thing and speaks out about wrong-doing - this person is often called a "whistleblower" or "flamethrower" - or, simply is not liked for any reason by the Principal/NYC personnel, suddenly he/she is accused of something by somebody ("given a label of "A", "B", "C", and so on) and whisked away to a drab room called a temporary re-assignment center or "rubber room". Members of the offices of the Special Commissioner of Investigation or the Office of Special Investigations then start work on building a case against the person to justify their being thrown in prison, declared "unfit for duty", or, as Mr. Joel Klein has said, characterized as "guilty of sexual activities and corporal punishment" against the children of New York City.The stories of the people I have met who sit every day in the 8 rubber rooms of NYC prove to me that Mr. Klein is very wrong about his assessment, and this blog is created to prove it to you.

Puppy Snooze

US Department of Labor ELAWS

Aeri Pang, Gotcha Squad Attorney

Attorney Pang, red dress, now chief Attorney For New York State Supreme Court Judge Cynthia Kern

New York State Supreme Court Judge Cynthia Kern

NYC EdStats You Can Use

$12.5 billion: Annual New York City Department of Education (DOE) budget (2002)

$21 billion: Annual New York City DOE budget (2009)
1,719: Number officials employed by the DOE central administration in June 2002

2,442: Number of officials employed by the central administration as of November 2008

2: Number of DOE officials earning more than $180,000 per year in 2004.

22: Number of DOE officials earning more than $180,000 per year in 2007.

5: Number of DOE public relations staffers in 2003.

23: Number of DOE public relations staffers in 2008.

944: Number of contracts approved by DOE in 2008, at a total cost of $1.9 billion.

20: Percentage of contracts that exceeded estimated cost by at least 25 percent.

$67.5 million: Annual budget of Project Arts, a decade-old program that was the sole source of dedicated funding for arts education. It was eliminated in 2007.

86: Percentage of principals who said in a 2008 poll that they were unable to provide a quality education because of excessive class sizes in their schools.

100,000: Number of seats DOE plans to provide for charter school students by 2012.

25,000: Number of seats DOE plans to build under 2010 to 2014 capital plan.

66,895: Number of K-3 school-children in classes of 25 or more during the 2008-09 school year.

15,440: Average number of seats per year built during the last six years of the Rudolph Giuliani administration.

10,895: Average number of seats per year built during the first six years of the Bloomberg administration.

27.2: Percentage of newly hired teachers in 2001-02 who were Black.

14.1: Percentage of newly hired teachers in 2006-07 who were Black.

53.3: Percentage of newly hired teachers in 2001-02 who were white.

65.5: Percentage of newly hired teachers in 2006-07 who were white.

76: Percentage of white and Asian students who performed better than the average Black and Latino students in 8th grade English Language Arts (ELA) in 2003.

75: Percentage of white and Asian students who performed better than the average Black and Hispanic students in 8th grade ELA in 2008.

77: Percentage of white and Asian students who performed better than the average Black and Hispanic 8th graders in math in 2003.

81: Percentage of white and Asian students who performed better than the average Black and Hispanic 8th graders in math in 2008.

54: Percentage of New York City public school parents who disapproved of Mayor Bloomberg’s handling of education, according to a March 2009 Quinnipiac poll.

Sources: New York City Council, New York City Comptroller’s Office, New York Daily News, New York Post, Eduwonkette, Quinnipiac Institute, Black Educator, Class Size Matters, New York City Schools Under Bloomberg and Klein.

Betsy Combier and NYSUT lawyer Chris Callagy

The New York City Whistle Award

NYC Whistlers, Winners of the NYC Whistle Award

...are those individuals in New York City who are willing to whistleblow unjust, misleading, or false actions and claims of the politico-educational complex in order to bring about educational reform in favor of children of all races, intellectual ability and economic status. Whistlers ask questions that need to be asked, such as "where is the money?" and "Why does it have to be this way?" and they never give up.

These people have withstood adversity and have held those who seem not to believe in honesty, integrity and compassion accountable for their actions.

Congratulations, and keep up the good work!

Betsy Combier

Special Commissioner of Investigation Richard Condon

Condon "qualified" for his current post after Bloomberg lowered standards; who will leash him?

A great teacher

After being interviewed by the school administration, the prospective teacher said: 'Let me see if I've got this right.

'You want me to go into that room with all those kids, correct their disruptive behavior, observe them for signs of abuse, monitor their dress habits, censor their T-shirt messages, and instill in them a love for learning.

'You want me to check their backpacks for weapons, wage war on drugs and sexually transmitted diseases, and raise their sense of self esteem and personal pride.

'You want me to teach them patriotism and good citizenship, sportsmanship and fair play, and how to register to vote, balance a checkbook, and apply for a job 'You want me to check their heads for lice, recognize signs of antisocial behavior, and make sure that they all pass the final exams.

'You also want me to provide them with an equal education regardless of their handicaps, and communicate regularly with their parents in English, Spanish or any other language, by letter, telephone, newsletter, and report card.

'You want me to do all this with a piece of chalk, a blackboard, a bulletinboard, a few books, a big smile, and a starting salary that qualifies me for food stamps. 'You want me to do all this and then you tell me. . . I CAN'T PRAY?

NYC Police Commissioner Ray Kelly

Joel Klein's famous statement about rubber room teachers and staff

On November 27, 2006, temporarily re-assigned teacher (TRT) Polo Colon asked Joel Klein, the "pretend" Chancellor of the NYC public school system, if he had voted to terminate teachers at the secret Executive Session held just before the public meeting of the Panel For Educational Policy.Mr. Klein answered,"We did not vote to terminate you. We did vote to terminate a teacher in executive Session...in fact, we voted to terminate two teachers. It's perfectly consistent with the law.Many teachers have been charged with sexual activities and some are charged with corporal punishment...I have no interest in removing people who are qualified to teach, I can assure you, because I dont get any return...and in fact, I have complained publicly about how long this process drags out. But our first concern will always be and, as a former lawyer and somebody who clerked on the United States Supreme Court I will tell you, there is no violation of due process whatsoever..."- extracted from the audiotape of the PEP meeting bought by Betsy Combier after filing a FOIL request to the NYC BOE

Rally November 2008 at Tweed

November 26, 2007 Candelight Vigil

Thousands of teachers and school staff members rally at Tweed

A Review of Battling Corruption in America's Public Schools by Betsy Combier

Lydia Segal's book puts the NYC, Chicago, and California Departments of Education on notice....we who have read this book know more about how the system is not there for our kids than "you" want us to know. Lydia Segal's book Battling Corruption in America's Public Schools changes the public school reform movement forever. We can no longer assume that more money allocated to our schools will "fix" the disaster that is our public school system.

Lydia Segal draws on her 10 years of undercover investigation and research in over five urban school districts, including the three largest, New York City, Los Angeles, and Chicago, and the two most decentralized, Houston and Edmonton, Canada, to provide, in her new book Battling Corruption in America's Public Schools, the details of the corruption, theft, fraud, and patronage that has overrun our public school establishment for several decades. There is no question that anyone who is interested in school reform -this means anyone who pays taxes, is a parent or guardian of a child attending school and/or who works toward a goal of establishing an education system that puts children first - must read this book. Ms. Segal's research and information on the education establishment's 'dark' side outrages the reader, and incites us to demand change. Her book therefore, is much more than a book, it is a call to action. We cannot be bystanders any longer to the systemic abuse she so vividly describes, and we will never be able to listen in the same way ever again to school Principals, Superintendents, school custodians or district board members as they request more money "to help the children."

The book's detailed reports on the corruption and crime in our public schools, supported by 52 pages of interview notes, references and specific examples, provide irrefutable evidence that the current failures of our nation's public schools are not due to the lack of money but the impossibility of getting the money to the children who need it and for whom the money is allocated in the first place. Recent statistics show that students of all ages are not learning what they need to know, schools are overcome with violence, teachers are demoralized, and yet billions of dollars are literally shovelled into the system every year. The New York City school system receives more than $16 billion every year; Los Angeles, $7 billion; and Chicago, $3.6 billion. Where does this money go? We have all asked this question as we have walked through school hallways dodging the paint falling off the walls and ceilings, watching our children sitting on broken chairs, using bathrooms without running water or toilet paper, and struggling to achieve their personal best without the services and resources they are supposed to have. Battling Corruption in America's Public Schools is the first book ever to systematically examine school waste and corruption and how to fight it. Ms. Segal, an undercover school investigator turned law professor, documents where the money goes, how waste and fraud embedded in the operation of large school bureaucracies siphon money from classrooms, distort educational priorities, block initiatives, and what we can do to bring badly-needed change. She describes in detail how only a small percentage of the money allocated to students in our public schools actually gets used by them due to corruption and waste, and how city school systems scoring lowest on standardized tests tend to have the biggest criminal records and most payroll padding. Coding problems, the procurement process, compartmentalization and opacity of information leave administrators with only two options: good corruption (which ultimately helps the kids) and bad corruption (which never helps anyone but the perpetrator and his/her allies and accomplices). Indeed, the system fights those who try the good corruption route.

Ms. Segal argues that the problem is not usually bad people, but a bad system that focuses on process at the expense of results. Decades of rules and regulations along with layers of top-down supervision make it so hard to do business with school systems that they encourage the very fraud and waste they were designed to curb. She tells us about how the "godfathers" and "godmothers" (the school board members) obtain jobs for their "pieces" in order to protect the systemic waste and fraud from being dismantled or exposed. Fortunately, she writes, there are good people involved in the corruption as well who must violate the rules in order to get their jobs done. Nonetheless, absurdities abound: school systems following rules to save every penny spend thousands of dollars hunting down checks as small as $25; it takes so long to pay vendors for their work that some have to bribe school officials to move their checks along; caring Principals who want to fix leaky toilets may have to pay workers under the table because submitting a work order through the central office could, and often does, take years. Meanwhile, those who pilfer from classrooms get away with it because the pyramidal structure of large districts makes schools inherently difficult to oversee. What makes Battling Corruption in America's Public Schools a must-read is not only the fascinating - and depressing - details of the systemic wrong-doing but also Ms. Segal's suggestions for reform, based on the proven track records of school systems across North America that have successfully reduced waste and fraud and have pushed more resources into schools.

The pathology of the corruption suggests the remedy, Ms. Segal says, which is decentralization of power into the schools and the hands of the Principals. Distilling what successful school systems have done, Segal advocates new forms of oversight that do not clog up school systems and recommends giving principals more discretion over their school budgets as well as holding them accountable for job performance. She argues for "autonomy in exchange for performance accountability" as part of a bold, far-reaching plan for reclaiming our schools. Her conclusion is logical and convincing. Everyone who reads this book will find his or her perception of public school education changed forever. We cannot accept any longer that a generation of children has been abused by a system that is so full of greed and corruption without screaming "stop!" and "Your game is up!"

Segal reveals how systemic waste and fraud siphon millions of dollars from urban classrooms and shows how money is lost in systems that focus on process rather than on results, as well as how regulations established to curb waste and fraud provide perverse incentives for new forms of both. Anyone who is interested in school reform--this means anyone who pays taxes, is a parent or guardian of a child attending school, and/or who works toward a goal of establishing an education system that puts children first--must read this book. --

Lydia G. Segal is Associate Professor of Criminal Law and Public Administration at John Jay College of Criminal Justice, City University of New York.

The NYC BOE FAMIS Online Tour

The FAMIS Portal Online Tour provides an overview and demonstration of the FAMIS Portal. Computer speakers or headphones are recommended. Choose an item of interest below, or click on the Introduction to proceed through all of the modules in sequence.

About Me

Reporter, paralegal, advocate,I will investigate, search on the internet and in all data bases for information that will help a person in need of resolution to a problem.I believe in substantive and procedural due process for all individuals, groups and organizations and trademarked the term "e-accountability" to describe the purpose of my work. I am the parent of four daughters.

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Testimonials From Some of Our Clients

Dear Betsy,
I am forever indebted to you, Betsy, for your expert advice throughout a horrific ordeal. You worked tirelessly to prove my innocence in a 3020a proceeding that was instigated by a corrupt school district and fueled by lies. My proceedings ended with my complete exoneration, my record expunged and my immediate return to the classroom. We didn’t even need to file an appeal! Thank you, Betsy. I am now eligible to retire and enjoy the benefits you helped me to protect. God bless you and the work you do protecting the innocent.-Maria G.
To whom this may concern,
I want to recommend Betsy Combier as the best person you could have in your corner. From the first day I met Betsy I felt secure. I had the misfortune of having to go through a 3020a hearing and with help of Ms. Combier my job was secure, I don’t know where I would be without Betsy’s help and support. She is still assisting me with my federal case. I could not recommend Betsy any higher, she is a person of her word, and her expertise is important and necessary for everyone with any problem-David P.
I met Betsy Combier approximately about 5 years ago, as a result of a recommendation from a colleague. Since then she has been an advocate of mine ever since, and has worked above and beyond my expectation. Betsy fights against the wrongdoing of public education officials in New York City. Throughout the extremely difficult arbitration, Betsy fought for my unalienable rights, even though my former principal did everything in her power to tarnish my name and damage my career.
Betsy is not an attorney yet she has the experience and knowledge that is above and beyond that of an attorney and follows through on all issues. She is truly an angel from heaven above, and a quality public defender.-Jason R.
I was charged with a 3020A in October 2016 after receiving three developing ratings in a row. I called numerous law firms as well as my union. Most people who I talked to said that I should settle because I was fighting a losing battle. A lawyer told me that anyone that says you can win a 3020A is a liar. I heard about Betsy from a teacher placed in my building who was going through the 3020A process. I hired Betsy and one of the Attorneys who works with her and her company, and won my case! Betsy saved my job and saved my life because she was emotionally supportive at a time when I needed it the most. Betsy goes above and beyond for her clients. She is readily available day and night for her clients. Betsy’s knowledge of education law is exceptional and she was a great help to my attorney. Betsy is relentless and fights hard for her clients. -Laura B.

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